EMERGENCY RULES
SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)
Effective Date of Rule: Immediately.
Purpose: The department is amending WAC 388-106-0225 How do I pay for MPC?, to increase the personal needs allowance 3.3%. This change is due to the Washington state 2007-09 operating budget (SHB 1128).
Citation of Existing Rules Affected by this Order: Amending WAC 388-106-0225.
Statutory Authority for Adoption: RCW 74.08.090, 74.09.520.
Other Authority: Washington state 2007-09 operating budget (SHB 1128).
Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: The Washington state 2007-09 operating budget (SHB 1128) increases the personal needs allowance (PNA) 3.3% effective July 1, 2007. A CR-101 has been filed as WSR 07-12-066 and an emergency rule is necessary while the department completes adoption of permanent rules. This CR-103 corrects a mathematical error the department made in calculating the personal needs allowance and replaces the rule filed as WSR 07-14-075.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: August 16, 2007.
Stephanie E. Schiller
Rules Coordinator
3882.3(2) If you live in a residential facility and are:
(a) An SSI beneficiary who receives only SSI income, you
only pay for board and room. You are allowed to keep a
personal needs allowance of ((at least thirty-eight)) forty
dollars and ((eighty-four)) twelve cents per month;
(b) An SSI beneficiary who receives SSI and SSA benefits,
you only pay for board and room. You are allowed to keep a
personal needs allowance of ((at least fifty-eight dollars and
eighty-four cents per month)) forty dollars and twelve cents.
You keep an additional twenty dollar disregard from non-SSI
income;
(c) An SSI-related person under WAC 388-511-1105, you may
be required to participate towards the cost of your personal
care services in addition to your board and room if your
financial eligibility is based on the facility's state
contracted rate described in WAC 388-513-1305. You ((will
receive)) are allowed to keep a personal needs allowance of
((fifty-eight)) forty dollars and ((eighty-four)) twelve
cents. You keep an additional twenty dollar disregard from
non-SSI income; or
(d) A GA-X client in a residential care facility, you are allowed to keep a personal allowance of only thirty-eight dollars and eighty-four cents per month. The remainder of your grant must be paid to the facility.
(3) The department pays the residential care facility from the first day of service through the:
(a) Last day of service when the Medicaid resident dies in the facility; or
(b) Day of service before the day the Medicaid resident is discharged.
[Statutory Authority: RCW 74.08.090, 74.09.520. 05-11-082, § 388-106-0225, filed 5/17/05, effective 6/17/05.]